ARVIND JAIN &ORS Vs. AKARSHAN HOTEL PVT LTD

JUDGEMENT

(1.) This petition filed by three brothers under Section 560 (6) of the erstwhile Companies Act, 1956 prays for restoration of the name of Respondent-1 Company on the register of Registrar of Companies-Respondent no. 2. The petition was originally filed before Hon'ble High Court of Delhi. In view of the notification of the provisions of Companies Act, 2013 and taking into consideration notification REGD NO. D.L.-33004/99 dated 07.12.2016 issued by Ministry of Corporate Affairs and in particular clause 3 thereof, the above Company Petition has been transferred by the Hon'ble Delhi High Court vide its order dated 25.04.2017 to the Principal Bench, National Company Law Tribunal, New Delhi. As directed, the matter was listed before this Bench on 17.05.2017 and on subsequent dates for hearing.

(2.) The Petitioners are constrained to file present Application, seeking restoration of Respondent No. 1 Company, Akarshan Hotel Private Limited (Company incorporated under Companies Act, 1956), having its registered office at A 831, Nabi Karim, Paharganj, New Delhi (CIN:U55701DL1990PTC041302) the name of which, as per the data available on the site of Ministry of Corporate Affairs, has been struck down by the Registrar of Companies, Delhi off its Register w.e.f. 31.05.2007. Facts in brief as averred and claimed can be culled out from the Petition and based on the submissions made on behalf of the Petitioners by their Learned Counsel are as follows:

(3.) The petitioners used to be Directors of the Respondent No. 1 Company since 12.06.1996. The Petitioners collectively held 10802 equity shares since 12.06.1996 constituting 100% shareholding of the Respondent No. 1 Company.